Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

State sovereignty and dialectics of its evolution in the modern context

This article reviews the prerequisites, content and consequences of the impact of global processes on the sovereignty of modern states. The object of this research is the international legal relations and their peculiarities in the current context. The subject is the conditions and forms of restriction of sovereignty of national states, as well as contributing factors. Special attention is given to representations on the “fate” of sovereign rights and variants of their transformation reflected in the scientific literature, as well as change in the vector of development of globalization processes under the influence of strategy of the countries that act in accordance with their sovereign rights and national interests. The main method of “diluting” the state sovereignty are viewed based on the general scientific methods − induction and deduction, analysis, generalization, abstraction, modeling; sectoral methods of studying global processes: political scientific, statistical, formal-legal, specific-historical, and comparative. The research relies on the dialectical approach towards analyzing the concept of state sovereignty. The following conclusions were made: 1) modern world marks to multidirectional trends that testify to the transformation of state sovereignty, narrowing of its separate spheres in the conditions of globalization, or on the other hand, change in the vector of development of the global processes; 2) there is virtually no formal legal equality of the countries set by the leading norms of international law and underlying sovereignty; however, the national states continue demonstrating the resistance to global challenges; at the same time, the most “impregnable” for leveling sovereign rights is not the economy or politics, but cultural-historical values (the sphere of humanities); 3) in the conditions of globalization, the prospect of losing sovereignty depends on the degree of resistance to external challenges demonstrated by a particular state.

The “philosophy” of economic diplomacy as an instrument of “soft law”: history and modernity

The subject of this research is the phenomenon of economic diplomacy as an instrument of “soft law”, which is becoming widespread in the international relations of modern multipolar world. The object of this research is the international relations and the impact of international legal norms upon formation of their peculiarities. Attention is given to the differences between “soft” and “hard” international law, as well as international and “quasi-international” law. The author explores various historical aspects of international relations, within the framework of which are implemented certain legal mechanisms and instruments. Incompletion of evolution of the phenomenon of “soft law” at the present stage is observed. The conclusion is made that the task of “soft law” in international relations lies in the use of the established international legal toolset and correction of the global world order to the benefit of a certain country of group of countries. It is noted that that key criterion that determines “soft law” as a unique instrument of international relations and international law is the nature of the means that without the extensive use of non-legal instruments. At the same time, the authors claim that in a number of cases, the emergence of legal mechanisms is the result of continuous application of “soft law”.

Organizational activity of the Council of People's Commissars of the USSR in participation of the delegation of Soviet scholars in the First Plenum of the International Society for the Exploration of the Arctic Regions by Means of the Airship (Aeroarctic) and its results

The subject of this research is the exploration of Arctic, its economic development, and use of resources on the scientific basis as the crucial policy avenue of the Soviet Union. The International Society for the Exploration of the Arctic Regions by Airship (Aeroarctic) made a significant contribution to the research of the Russian Arctic. The success and performance of the Soviet members of this society largely depended on the organizational and norm-setting measures taken by the Council of People's Commissars of the USSR and its commissions in the late 1920s. For elucidation of the role of the Council of People's Commissars of the USSR in organizing international cooperation of the Soviet scholars, the article employs the materials from the State Archive of the Russian Federation and St. Petersburg Central State Archive of Scientific and Technical Documentation. Among noteworthy results of international cooperation within the framework of “Aeroarctic” are the following: 1) organization of the 2nd Congress of Aeroarctic Society held in Leningrad in 1928; 2) inclusion of the possibility of establishing trans-Arctic air routes between Europe and America in the five-year plan of research activity of the Arctic and Antarctic Research Institute for 1928 – 1933. In the activity of the Council of People's Commissars on the issues of Soviet participation in “Aeroarctic”, the author observes the proclivity for providing the procesude for recognition of the Arctic territories of the USSR by the global community; as well as protect the Soviet Arctic territories from the claims of foreign states. The second half of 1920s marks a major breakthrough in development of the Arctic in the USSR reflected in conduct of regular scientific research, acquisition of reliable knowledge on this remote part of the Earth, discovery of mineral deposits, which also allowed among strengthening defense potential of the country.

The role of international organizations and international law in protecting minors from implication in life and health threatening illegal activities

The subject of this research is the role of international organizations, as well as legal acts adopted on the international level aimed at protecting the rights and ensuring security of minors, namely with regards to implication  in illegal activities that threaten their life and health. The author aims to determine the international legal basis for the emergence of the norms in national criminal legislation that protect minors from such violations. Emphasis is placed on the process of establishment of international legal protection of minors, and the role of international organizations therein. Special attention is given to the corresponding regional international documents, which contain innovative provisions that should be included into the framework acts. The novelty of this research lies in comprehensive analysis of the international legal grounds for protection of minors from implication in illegal activities that threaten their life and health. The conclusion is made that the list of measures for the protection of minors established by the international acts is constantly expanding; despite the fact that the international acts and decisions of international organizations do not contain the norms that explicitly stipulate the responsibility of the states to ensure protection of minors from implication in illegal activities, the responsibility on establishing such protection stems from the norms that declare the need to protect minors from negligent treatment, engagement in negative social practices, as well as ensuring their information security. Therefore, the inclusion of the norm 151.2 “Implication of a minor in commission of life and health threatening actions” into the Criminal Code of the Russian Federation has solid foundation associated with the acts of international law and activity of international organizations.

Industrial and technological cooperation in pharmaceutical sector within the framework of EAEU: development of the model of legal regulation

The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.

History of the emergence of legal regulation of the activity of controlled foreign companies in the United States

Extension of globalization process to the world economy allows conducting the economic activity outside the country of tax residency. It also entailed the emergence of various types of incentives in some jurisdictions, for example, preferential tax regime or non-taxation. Questions related to international taxation are currently most acute. The use of foreign jurisdictions through controlled foreign companies reduces the state tax revenue. For counteracting abuse of the privilege by taxpayers, the rules of controlled foreign companies have been developed and implemented in over 30 countries. On the one hand, the countries accept these rules for preventing tax evasion, which can be changed due to various circumstances. On the other hand, there arise situations when such rules may worsen the situation of the taxpayer. This leads to abuse of the right of regulatory authorities in counteracting tax evasion. The controlled foreign companies (CFC) rules are aimed at determination of actual tax liability of the taxpayer, and do not pursue fiscal, political or other interests that worsen the conditions of the taxpayer.

Evaluation systems and approaches towards analyzing the impact of the results of scientific research upon the economy and society: international experience

Systematic evaluation of the results of research activity funded by the state, including analysis of the impact of the results of research upon the development of the economy and society, has become common practice in governance of the science sector. It pertains to acquisition of evidence-based data and feedback necessary for decision making on the effectiveness of the existing governance techniques and selection of the methods (including legal) for their improvement. The exceptional complexity and dynamic change of the object of analysis (science, production of scientific knowledge) encourages to constantly search for new approaches worldwide for acquiring qualitative and accurate evaluations of the results of scientific research. From such perspective, systematic monitoring and analysis of the relevant foreign experience is advantageous for the theory and practice of governing scientific development, as it allows taking into account the mistakes and achievements of other countries with regards to development and improvement of their evaluation systems. Analysis is conducted on a range of systems (mainly European) and approaches towards evaluation of the contribution of sciences to socioeconomic development. The author reveals the peculiarities and flaws of the evaluation system under study. This article is first to demonstrate that the vast problematic field associated with the assessment of the contribution of sciences, should be viewed within the framework of the theory of state audit, which distinguishes between external and internal systems of monitoring. The conclusion is made that the peculiarities of functionality of science do not allow demarcating the contours of internal and external audit of the results of “scientific production” without compromising the quality of the acquired conclusions. The improvement of evaluation systems is a continuous process, associated with the co-evolution of science and scientific policy.

Threats to conservation of World Heritage Site “Lake Baikal” and measures to reduce them (based on the results of the 44th session of the UNESCO World Heritage Committee)

The subject of this research is the decisions adopted at the 44th session of the World Heritage Committee on the conservation of the World Heritage Site “Lake Baikal” pertaining to such relevant questions as the construction of hydropower station on the Selenga River, as well as countering such phenomena as wild fires and illegal construction within the Central Ecological Zone of the Baikal Natural Territory. The article provides characteristics to the content of documents approved at the recently held 44th session of the World Heritage Committee for the Conservation of the World Heritage Site “Lake Baikal”, within the framework of which the international community assess the actions of the Russian Federation on discharge of the obligations on conservation of the ecosystem of Lake Baikal. Analysis of the problems to be solved that are listed in documentation of the 44th session of committee, the author notes the potential of the world heritage protection mechanism in solution of the problem of constructing hydropower stations on the Selenga River. These include extension of the applicable scope of the “No-go” agreements to the sphere of financial and insurance services, consideration of positive experience of using such institution as the List of World Heritage in Danger, as well as interaction with the International Hydropower Association on elaboration of the universal approaches towards the problem of impact of hydropower stations upon the World Heritage Sites.

The role of international bodies and organizations in the development of legal framework for application of video conferencing in criminal proceedings of the Russian Federation

Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.